50 USC 3733 – Limitation on use of funds until certain permits obtained
(a) In general
The Secretary of Defense shall seek to obtain all the permits required to complete each phase of construction of a project under the Program in a state of the former Soviet Union before obligating more than 40 percent of the total costs of that phase of the project.
(b) Use of funds for new construction projects
Terms Used In 50 USC 3733
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
Except as provided in subsection (c), with respect to a new construction project to be carried out by the Program, not more than 40 percent of the total costs of the project may be obligated from Cooperative Threat Reduction funds for any fiscal year until the Secretary—
(1) determines the number and type of permits that may be required for the lifetime of the project in the proposed location or locations of the project; and
(2) obtains from the state in which the project is to be located any permits that may be required to begin construction.
(c) Exception to limitations on use of funds
The limitation in subsection (b) on the obligation of funds for a construction project otherwise covered by such subsection shall not apply with respect to the obligation of funds for a particular project if the Secretary—
(1) determines that it is necessary in the national interest to obligate funds for such project; and
(2) submits to the congressional defense committees a notification of the intent to obligate funds for such project, together with a complete discussion of the justification for doing so.
(d) Definitions
In this section, with respect to a project under the Program:
(1) The term “new construction project” means a construction project for which no funds have been obligated or expended as of November 24, 2003.
(2) The term “permit” means any local or national permit for development, general construction, environmental, land use, or other purposes that is required for purposes of major construction.